Yes, investments in the EB-5 Visa Program is open and available to anyone from any country worldwide. However, potential investors from countries that do not have reliable tax laws and/or require reliable financial documentation will find it much more difficult to prove the source of funds, which is a key element to a successful approval of an EB-5 application.

Rejection in the past does not disqualify an applicant, however if the reasons relate to immigration fraud or other grounds of inadmissibility or removability then that applicant will not be able to apply. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed to the limited partnership and legal counsel in advance of the application process.

Under the regulations, an investor who is approved for the Eb-5 immigrant visa receives a “conditional” green card, which must be reissued after two years, subject to removal of conditions. Otherwise than that, the two cards offer the same rights and privileges.

A “conditional” green card is a temporary card issued and valid for up to two years. One year and nine months after that “conditional” green card is issued, a three-month window opens during which an investor must then file another application with the USCIS to verify that all of the funds have been invested and the required employment has been created. When the conditional resident status has been lifted, full, “unconditional” resident status is granted and a permanent green card is issued to said individual.

There are a few disqualifying or exclusionary events included under the law. A criminal record involving one or more convictions for crimes of moral turpitude will most likely disqualify you, however there are some expectations. Numerous medical problems, including some communicable diseases, might also exclude you, but this ground of disqualification can often be avoided if you can prove that you will have adequate medical insurance or will be supported by others and therefore avoid having to seek government medical assistance. In general, we recommend seeking legal counsel for advice pertaining to these sorts of questions and concerns, as well as utilizing legal counsel to determine if your situation falls under a category that is grounds to overcome an initial disqualification.

Please visit the U.S. Citizenship and Immigrations Services website for the most updated and relevant information to the EB-5 visa program.

The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner to be sufficiently engaged in management or policy making if he or she has invested in a limited partnership, which is properly structure and that conforms to the Uniform Limited Partnership Act

When applying for an EB-5 visa investment, there are filing/ application fees, legal fees, and investment management fees if an immigrant invests in a regional center. Below provides a break down of those required fees, please visit the USCIS website for the most updated fee schedule.

-I-526 Application: $1500
-I-485 Adjustment of Status: $1070 (includes biometrics) per individual (if already in the U.S.) ($985 for applicants under 14 years of age)
-Visa Application fees: $720 + $70 fingerprinting/ biometrics per individual (if outside the U.S.)
-I-829 Application to remove conditional status after 2 years: $3835 for primary applicant only + $80 biometric fee for each dependent
-Legal fees are generally based on family size

For a more detailed and specific cost breakdown, please contact us directly through email or phone and we will be more than willing to assist you.

While a child who is 21 years old, or more, cannot apply for residency under the parent’s immigrant investment application, a parent may gift that child the required investment funds in order for the child to apply individually as an immigrant investor.

Yes, a qualifying immigrant investor is eligible to sponsor his/her immediate family, which includes a spouse and all children under the age of 21 years. All members of the immediate family are granted conditional permanent residency upon approval of the I-526 and adjustment of status or immigrant visa applications, if processing abroad, and all are eligible to apply to remove the conditions after two years.

Yes, a conditional or permanent resident status is entitled to travel freely for less than six months at a time outside of the United States. If you need to be outside of the United States for more than six months, you may apply (up to three times) for a re-entry permit, that is, generally speaking, good for up to two years. This re-entry prevents the Department of Homeland Security from canceling your permanent residence based solely on a determination that you have been absent from the United States for an extended period of time. Time spent outside the U.S., however, is counted against the 30-month physical presence requirement for citizenship.

Professional Background: you, the investor, must prepare complete biographical information for each applicant and the principal applicant must prove the source of the investment funds. A personal resume with copies of college diplomas and other education certificates, if applicable, should be included as well. In addition, any memberships in professional organizations should be documented. Unless you, the investor, inherited the investment funds, you should be presented as a successful professional or business person with a business, financial, or family history, which explains in detail the process of the accumulation of your financial net worth. In general, we suggest providing as much information and documentation as possible, which pertain to your successful career and achievements, in order to greater your chances of being approved.

Source of Funds: Funds for the investment must come from a lawful source and you, the investor, needs to have documentation of that lawful source. Lawful sources of fund include: profits from the sales of a property, stocks or bonds, profits from a business, business transactions, personal gifts, or inheritance. In order to prove the source of investment funds, USCIS requires five years of tax returns, five years of bank records, proof of ownership in any business, financial statements from each business you are associated with, and any business licenses applicable. As the investor, you need to present a track record filled with an honest course of dealing. If capital came from a specific transaction, such as a sale of a house, inheritance, or a personal gift, you must prove the transaction occurred, by providing an official document, closing statements or other official documents.

All foreign language documents included in the application must be translated into English, with that English translation being confirmed by a certified English Translator. It is also important to note, that you, the investor, must sign the English version of all agreements, government forms, and applications.

If you are located abroad or already in the United States on another visa status, you can file an I-526 petition regardless. The process for the I-526 petition remains the same despite ones present location. However, if you are already in the U.S., after you are approved by the I-526, you need to then file an I-485 Application for Adjustment of Status to Permanent Residence, as opposed to filing for an immigrant visa (green card) with your local U.S. consulate. If you are not located in the U.S., then you must file for an immigrant visa with your local U.S. consulate. Of course, if need be, we can always advise on more specific information to your individual circumstances in a direct consultation fashion.

Gaining Lawful Permanent Resident Status is a three-part process.

First, one must file an I-526 petition, in which you, the investor, must display that you have the required funds; that those funds were obtained from a lawful source; that those funds have been (or are in the process of being) invested; and that the investment meets the U.S. Citizenship and Immigration Services Requirement.

Secondly, once your I-526 is approved, you are now eligible to apply for an immigrant visa at your nearest U.S. consulate (If you are outside of the U.S.) or for adjustment of status (if you are already in the U.S.). Once approved, you are granted conditional lawful permanent residency for two years.

Finally, ninety days (90) days prior to the end of that two-year period of conditional residency, you, the investor, must file Form I-829, to remove the conditional status by providing proof that the required jobs have been created by your investment. Once your I-829 application is approved, you are granted unconditional lawful permanent resident status, and are eligible to apply for U.S. citizenship five years after the initial grant of conditional permanent residence.

The EB-5 visa program is suitable for a larger number of people; professionals, business people, persons wanting to facilitate their children’s education and attend U.S. colleges and universities. As well as, Investors simply seeking a new or improved life in the United States or desiring to retire in America can also utilize the EB-5 visa program. The EB-5 visa program permits employment in the United States for you (the investors) and your family, in addition providing you the opportunity and flexibility to decide what sorts of employment that may be. If you are an individual investor who does not desire to actively manage your business, then you should consider leaning more towards a Regional Center EB-5 investment.

EB-5 investor visa applicants have two main investment options. They can either invest directly or through an EB-5 Regional Center. Direct investors must find their own investment project and must take a direct managerial role in overseeing that project. Direct investment is best for those who want more hands-on control of their investment and the project that received their investment.

EB-5 investor visa applicants can also make their investment in an EB-5 Regional Center. This option may be best for those who are more interested in the immigration goals of EB-5 rather than obtaining a maximum return on their investment. Regional centers receive designation from USCIS to administer EB-5 investment projects. Regional centers are responsible for adhering to USCIS EB-5 program regulations. This takes strain off of the investors so that they are not solely responsible for meeting program requirements. As a result, investment through regional centers suits those who want a more hands-off approach, where they are not responsible for the direct management of their investment. Roughly 90 percent of all EB-5 applicants invest through a regional center.

The U.S. Immigrant Investor Program, also known as the EB-5 Program, is a U.S. government program overseen and run by the United States Citizenship and Immigration Service (USCIS). The intent of the EB-5 program is to encourage the flow of foreign capital into the U.S. economy and to promote the creation of U.S. employment opportunities.

The EB-5 Program provides foreign nationals the opportunity to become conditional residents for a period of two years upon making an investment of $1 million, or $500,000 in a designated Targeted Employment Area, in a new commercial enterprise. Each unit of investment must create at least ten new, direct or indirect jobs for U.S. workers. Once the job creation requirement is met, the conditions are removed and investors may obtain permanent residency.

The investor may invest in his or her own commercial enterprise or in a commercial enterprise owned by other parties. The investor may also choose to invest in a pre-approved “regional center”. Regional centers are government-approved entities in designated geographical areas for which USCIS has determined that investments will create the necessary 10 jobs per investor, whether directly or indirectly. Nearly all of the regional centers contain geographical areas where $500,000 is the required amount of investment.